23-021 1 ORDINANCE NO. 23-021
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA,APPROVING THE ABANDONMENT OF THE THIRTY
5 FOOT (30') WIDE UNIMPROVED RIGHT-OF-WAY
6 ESTABLISHED ON THE PALM BEACH FARMS CO. PLAT NO. 8,
7 AS RECORDED IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC
8 RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE
9 CITY MANAGER TO EXECUTE A DISCLAIMER,WHICH SHALL
10 BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC
11 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, Applicant is requesting the abandonment of the thirty foot (30') wide
15 road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat
16 Book 5, Page 73 of the Public Records of Palm Beach County located on the southwest corner
17 of West Boynton Beach Boulevard and Knuth Road and north Stonehaven Drive; and
18
19 WHEREAS,staff has determined that the requested abandonment would not adversely
20 impact traffic or other City functions, and would not adversely impact other adjacent property
21 owners; and
22
23 WHEREAS, comments have been solicited from the appropriate City Departments,
24 and public hearings have been held before the City Commission on the proposed abandonment;
25 and
26
27 WHEREAS, staff has determined that the subject right-of-way no longer serves a
28 public purpose and therefore recommends approval of the request,subject to the accompanying
29 conditions.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
33
34 Section 1. The foregoing whereas clauses are true and correct and incorporated
35 herein by this reference.
36
37 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
38 abandon the thirty foot (30') wide unimproved right-of-way established on the Palm Beach
39 Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach
40 County. The property being abandoned is more particularly described as follows:
41
42 A PORTION OF A 30-FOOT-WIDE ROADWAY,AS SHOWN ON THE PALM BEACH FARMS
43 CO. PLAT NO.8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED
44 IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
45 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH
46 ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS
{S\CA\OrdinancesWbandonments\Abandonment of ROW(Shalimar)-Ordinance.docx
47 OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST
48 UNE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE
49 WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF
50 QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC
51 RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT
52 ON THE WEST UNE OF SAID 30 FOOT WIDE ROADWAY,ALSO BEING THE EAST UNE OF
53 THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE
54 NORTH 00°48'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO
55 BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON
56 A UNE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-
57 OF-WAY UNE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON
58 ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY,
59 FLORIDA;THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON
60 SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY,ALSO BEING THE WEST BOUNDARY
61 UNE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST UNE OF SAID
62 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A
63 DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
64 CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS.
65
66
67 Section 3. The City Manager is hereby authorized and directed to execute the
68 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
69 of Palm Beach County, Florida.
70
71 Section 4. This Ordinance shall take effect immediately upon passage.
72
73 FIRST READING this 14th day of September, 2023.
74
75 SECOND, FINAL READING AND PASSAGE THIS 3rd day of October, 2023.
76
77 CITY OF BOYNTON BEACH, FLORIDA
78
79 Y r NO
80 Mayor—Ty Penserga �/
81
82 Vice Mayor—Thomas Turkin
83
84 Commissioner—Angela Cruz
85 ✓/
86 Commissioner—Woodrow L. Hay
87
88 Commissioner—Aimee Kelley
89
90 VOTE 5 Q
91
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92
93
94 ATI-Air:
95
96 14.# 0
97 Mayl:e D Jesus, MP A ,' MC Ty P
98 City I: Mayor
99
100 APPROVED AS TO RM:
101 (Corporate Seal) oyNTONe,�`����
102 i�Q?o�QORATf... c-,'It Z- `
103 ,• )._,,,..c�,- .:y •i0 David N. Tolces
104 I ~; RPOR:kr. : � Interim City Attorney
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{S:\CA\Ordinances\AbandonmentsWbandonment of ROW (Shalimar)-Ordinance.docx
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton
Beach, Florida, does hereby abandon the thirty foot (30') wide unimproved right-of-way established
on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of
Palm Beach County. The property being abandoned is more particularly described as follows:
A PORTION OF A 30-FOOT-WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS
CO. PLAT NO.8 OF SECTION 30,TOWNSHIP 45 SOUTH, RANGE 43 EAST,AS RECORDED IN
PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH
ROAD P.C.D. PLAT NO. 1,AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA,SAID POINT ALSO BEING A POINT ON THE EAST UNE OF
SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY
PROLONGATION OF SAID LOT 2,ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT
NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA,A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF
SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS
SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00°48'49" WEST
ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF
GOLF COURSE,A DISTANCE OF 976.43 FEET TO A POINT ON A UNE 7.00 FEET SOUTH OF
AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON
BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218
AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30
FOOT WIDE ROADWAY,ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2;THENCE
SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY,ALSO
BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE
AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida,
have hereunto set their hands and affixed the seal of the City this/q day of October, 2023.
CITY OF BOYNTON B = H, FLORIDA
0 4111P-
Ma lee ': -sus, MM Daniel Dugger, Cit Manager �. O.. ��
Maylee 99 9 � pF•GORPORgTF�F�111
City Cle , r, • n
SEAL '
ailt.INCORPORATED
• 1920
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STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
BEFORE ME,the undersigned authority, personally appeared by means of 0 physical presence
or 0 online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida,
known to me to be the person described in and who executed the foregoing instrument, and
acknowledged the execution thereof to be his free hand and deed as such officer, for the uses
and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and
that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this A day of
''At1;o , 2023.
If Aed_041A ilk il -
NOTARY PUB , State of Flo •
My Commission Expires: "1'"MY L gr,"�'"�.a4,
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